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84 STATE OF AFFAIRS: MIDWEST » Macon County presented a case claiming recording fees should have been paid when promissory notes were transferred using the MERS system. e county claimed MER- SCORP was therefore "unjustly enriched" and responsible for paying recording fees on all transferred promissory notes. Judge Richard A. Posner disagreed. e court recognized MERSCORP holds the property interest that secures the promis- sory note and when those notes are transferred, they "are not recorded in the county land registries because they are not assignments of mortgages or other property interests." Judge Posner continued: "[C]ompetition is not a tort at common law." e Macon County case was different from a previous case as outlined by Union County v. MERSCORP, Inc., when a judge ruled favorably for MERSCORP, citing Illinois law does not require mortgages to be recorded. In the Macon County case, however, a different strategy was employed, claiming MERSCORP's business deprives the county of revenues it would have otherwise received. Judge Posner ruled against Macon County, saying, "No more are MERSCORP and the banking industry required to adopt a system of mortgage protection that generates revenues for a state or local government—as the Eighth Circuit held last month in a case almost identical to this one." Janis Smith, VP for corporate commu- nications at MERSCORP, reiterated the judge's comments: "We have consistently held that the MERS business model complies with the requirements of the recording stat- ues in individual states. "Judge Posner's opinion confirms that MERS' behavior was not illegal or inappro- priate, and it did not (and could not) result in MERS being unjustly enriched." Carrington Names Branch Manager for Illinois Office Carrington Mortgage Services, LLC, ap- pointed Ed Ciemny to lead its office in Oak Brook, Illinois, the company announced. As branch manager, Ciemny will focus on directing the company's growth in Northwest Illinois as well as providing expanded offer- ings and faster turn times to meet demand in the Chicagoland area. Before being named to take over the Oak Brook branch, Ciemny served as Midwest sales manager for Carrington. Past sales positions include sales manager for Security National and senior financial consultant/sales manager for Primary Residential Mortgage, Inc. "Carrington remains sharply focused on increasing our capacity, expanding our offerings, and widening our reach into new markets—tasks that require strong leadership and commitment at the local level," said Ray Brousseau, EVP of Carrington Mortgage Services' Mortgage Lending Division. "With Ed Ciemny's industry and local market knowledge and his tenacity to meet the needs of borrowers in today's housing market, he is well positioned to lead our Oak Brook branch in Northwest Illinois toward providing enhanced service to our customers in the Chicagoland area." Indiana RANK: 17 90+ Day Foreclosure Unemployment Delinquency Rate Rate Rate DECEMBER 2013 2.83% 2.50% 6.9 YEAR AGO 3.05% 3.61% 8.3 YEAR-OVER-YEAR CHANGE -7.3% -30.7% -1.4 Top County CASS COUNTY 90+ Day Foreclosure Delinquency Rate Rate DECEMBER 2013 4.12% 5.44% YEAR AGO 3.91% 6.59% YEAR-OVER-YEAR CHANGE 5.4% -17.5% Top Core-Based Statistical Area LOGANSPORT, IN 90+ Day Foreclosure Delinquency Rate Rate DECEMBER 2013 4.12% 5.44% YEAR AGO 3.91% 6.59% YEAR-OVER-YEAR CHANGE 5.4% -17.5% note: The 90+ day delinquecy rate is the percentage of outstanding mortgage loans that are seriously delinquent. The foreclosure rate is the percentage of outstanding mortgage loans currently in foreclosure. State rank is based on the December 2013 foreclosure rate. All fi gures are rounded to the nearest decimal. The unemployment rate refl ects preliminary December 2013 fi gures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. Iowa RANK: 23 90+ Day Foreclosure Unemployment Delinquency Rate Rate Rate DECEMBER 2013 1.55% 2.06% 4.2 YEAR AGO 1.67% 2.57% 5 YEAR-OVER-YEAR CHANGE -7.3% -19.8% -0.8 Top County EMMET COUNTY 90+ Day Foreclosure Delinquency Rate Rate DECEMBER 2013 2.40% 4.91% YEAR AGO 1.76% 3.72% YEAR-OVER-YEAR CHANGE 36.1% 32.1% Top Core-Based Statistical Area SPENCER, IA 90+ Day Foreclosure Delinquency Rate Rate DECEMBER 2013 2.03% 3.88% YEAR AGO 2.21% 2.67% YEAR-OVER-YEAR CHANGE -8.3% 45.5% note: The 90+ day delinquecy rate is the percentage of outstanding mortgage loans that are seriously delinquent. The foreclosure rate is the percentage of outstanding mortgage loans currently in foreclosure. State rank is based on the December 2013 foreclosure rate. All fi gures are rounded to the nearest decimal. The unemployment rate refl ects preliminary December 2013 fi gures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. Kansas RANK: 33 90+ Day Foreclosure Unemployment Delinquency Rate Rate Rate DECEMBER 2013 2.19% 1.33% 4.9 YEAR AGO 2.30% 1.70% 5.5 YEAR-OVER-YEAR CHANGE -4.9% -21.7% -0.6 Top County LABETTE COUNTY 90+ Day Foreclosure Delinquency Rate Rate DECEMBER 2013 3.83% 3.43% YEAR AGO 2.56% 2.14% YEAR-OVER-YEAR CHANGE 49.8% 60.3% Top Core-Based Statistical Area PARSONS, KS 90+ Day Foreclosure Delinquency Rate Rate DECEMBER 2013 3.83% 3.43% YEAR AGO 2.56% 2.14% YEAR-OVER-YEAR CHANGE 49.8% 60.3% note: The 90+ day delinquecy rate is the percentage of outstanding mortgage loans that are seriously delinquent. The foreclosure rate is the percentage of outstanding mortgage loans currently in foreclosure. State rank is based on the December 2013 foreclosure rate. All fi gures are rounded to the nearest decimal. The unemployment rate refl ects preliminary December 2013 fi gures released by the Bureau of Labor Statistics. All other data courtesy of LPS Data & Analytics. There were 2,792 total properties with foreclosure filings in the month of January, according to RealtyTrac. KNOW THIS